Michael P. Fay
Michael Peter Fay (born May 30, 1975) is a US citizen who was the subject of international attention in 1994 when he was sentenced to six strokes of the cane in Singapore for theft and vandalism at age 18. Although caning is a routine court sentence in Singapore, its unfamiliarity to Americans caused controversy, and Fay's case was believed to be the first caning involving an American citizen. The number of cane strokes in Fay's sentence was ultimately reduced from six to four after U.S. officials requested leniency. Early life Michael Fay was born in St. Louis, Missouri. His mother, Randy, divorced his father, George, when Michael was eight. As a child, Michael was diagnosed with attention-deficit hyperactivity disorder, which, his lawyer later claimed, made Fay not responsible for his eventual sentencing for vandalism in Singapore. Although Fay mostly lived with his father after the divorce, he later moved to Singapore to live with his mother and his stepfather, Marco Chan, and was enrolled in the Singapore American School. Theft and vandalism in Singapore In October 1993, The Straits Times, Singapore's main English-language newspaper, reported that car vandalism in Singapore was on the rise. Cars parked at apartment blocks were being damaged with hot tar, paint remover, red spray paint, and hatchets. Taxi drivers complained that their tires were slashed. In the city center, cars were found with deep scratches and dents. One man complained that he had to refinish his car six times in six months. The police eventually arrested 16-year-old Andy Shiu Chi Ho from Hong Kong. He was not caught vandalizing cars, but was charged with driving his father's car without a license. After questioning Shiu, the police questioned several expatriate students from the Singapore American School, including Fay, and charged them with more than fifty counts of vandalism.Tan Ooi Boon (October 7, 1993). "9 foreign students held for vandalism". The Straits Times (Singapore). p. 1. Fay pleaded guilty to vandalizing the cars in addition to stealing road signs. He later maintained that he was advised that such a plea would preclude caning and that his confession was false, that he never vandalized any cars, and that the only crime he committed was stealing signs.Philip Shenon (March 16, 1994). "A Flogging Sentence Brings a Cry of Pain in U.S.". The New York Times."Cane teen says he's innocent", Daily News, New York, June 22, 1994. Under the 1966 Vandalism Act, originally passed to curb the spread of political graffiti and which specifically penalized vandalism of government property,Alejandro Reyes, "Rough Justice: A Caning in Singapore Stirs Up a Fierce Debate About Crime And Punishment", Asiaweek, Hong Kong, May 25, 1994. Fay was sentenced on March 3, 1994 to four months in jail, a fine of 3,500 Singapore dollars (US$2,214 or £1,514 at the time), and six strokes of the cane.Charles P. Wallace, "Ohio Youth to be Flogged in Singapore", Los Angeles Times, March 4, 1994. Shiu, who pleaded not guilty, was sentenced to eight months in prison and 12 strokes of the cane.Ian Stewart, "Flogging for vandal", South China Morning Post (Hong Kong), April 22, 1994. Fay's lawyers appealed, arguing that the Vandalism Act provided caning only for indelible forms of graffiti vandalism, and that the damaged cars had been cheaply restored to their original condition.Elena Chong, "Fay loses appeal", The Straits Times, Singapore, April 1, 1994 Response From the United States government The official position of the United States government was that although it recognized Singapore's right to punish Fay within the due process of law, the punishment of caning was excessive for a teenager who committed a non-violent crime. The United States embassy in Singapore pointed out that the graffiti damage to the cars was not permanent, but caning would leave Fay with physical scars. Then-U.S. President Bill Clinton called Fay's punishment extreme and mistaken, and pressured the Singapore government to grant Fay clemency from caning. Two dozen U.S. senators signed a letter to the Singapore government also appealing for clemency. The Singapore government pointed out that Singaporeans who break the law faced the same punishments as Fay, and claimed that Singapore's laws had kept the city free of vandalism and violence of the kind seen in New York City. The Straits Times criticized "interference" by the U.S. government and found it surprising that the President had found time to become involved, given the various foreign-policy and other crises it was facing. Nevertheless, then-President Ong Teng Cheong commuted Fay's caning from six to four strokes as a gesture of respect toward Clinton.William Branigin, "Singapore Reduces American's Sentence", Washington Post, May 5, 1994. Shiu's sentence was later also reduced, from twelve strokes to six, after a similar clemency appeal. Fay was caned on May 5, 1994, at Queenstown Remand Centre.Singapore Frees Flogged U.S. Teen-Ager : Asia: Michael Fay is 'happy to be out' after early release. He leaves the country, heads for home., The Los Angeles Times, June 22, 1994"Singapore Carries Out Caning of U.S. Teenager", Philip Shenon, The New York Times, May 6, 1994 Public reaction Following Fay's sentence, the case received wide coverage by the U.S. and world media. The New York Times, The Washington Post and the Los Angeles Times ran editorials and op-eds condemning the punishment. USA Today reported that caning involved "bits of flesh flying with each stroke."E.g. "Don't copy Singapore", USA Today, Washington DC, April 5, 1994. This latter detail was apparently taken from descriptions (originally derived from a 1974 press conference)P.M. Raman, "Branding the Bad Hats for Life", The Straits Times, Singapore, September 13, 1974. of a much larger number of strokes, for more severe crimes such as rape and robbery. Some commentaries treated the Michael Fay affair as a clash of cultures between Asian values and the differing view of human rights common in liberal Western countries. Public opinion was mixed.Andrea Stone, "Whipping penalty judged too harsh -- by some", USA Today, Washington, March 10, 1994. A significant number of Americans were in favor of the caning, claiming that Singapore had a right to use corporal punishment and that the United States did not mete out severe enough punishment to its own juvenile offenders.Mike Royko, "Readers get 'behind' flogging of vandal", Daily News, New York, March 30, 1994. Others pointed out that once Americans go abroad, they are subject to the laws and penal codes of the country they visit."Travel Advisory -- When in Rome ...", Los Angeles Times, March 19, 1994. The Singapore Embassy received "a flood of letters" from Americans strongly supporting Fay's punishment, and some polls showed a majority of Americans favored it."'Joe Public' backs caning of American", David Usborne, The Independent, London, April 2, 1994 After Fay's punishment was carried out, the Office of the United States Trade Representative said it would try to prevent the World Trade Organization's first ministerial meeting from taking place in Singapore. Aftermath After his release from prison in June 1994, Fay returned to the United States to live with his biological father."The Road From Singapore", Daily News, New York, June 22, 1994. He gave several television interviews, including one with his American lawyer on CNN with Larry King on June 29, 1994, in which he admitted taking road signs but denied vandalizing cars."Larry King Live", CNN, June 29, 1994. He also claimed that he was ill-treated during questioning, but had shaken hands with the caning operative after his four strokes had been administered. Several months after returning to the U.S., Fay suffered burns to his hands and face after a butane incident."Michael Fay," People Magazine, December 26, 1994, p.60."Drug Rehab For Teen Caned In Singapore," Chicago Tribune, September 29, 1994, p.14."The Nation," USA Today, Washington DC, September 29, 1994, p.03A. He was subsequently admitted to the Hazelden rehabilitation program for butane abuse. He claimed that sniffing butane "made him forget what happened in Singapore.""Teen Punished In Singapore Has Drug Habit - Michael Fay Was Sniffing Butane," Times-Picayune, New Orleans, September 29, 1994, p.A24. In 1996, he was cited in Florida for a number of violations, including careless driving, reckless driving, not reporting a crash and having an open bottle of alcohol in a car."Q&A," The Atlanta Journal-Constitution, October 13, 2003, p.B2. Later, in 1998, still in Florida, Fay was arrested for possession of marijuana and drug paraphernalia, charges to which he confessed but was acquittedBoy Caned in Singapore Makes News Again," Christian Science Monitor, Boston, April 9, 1998, p.18. because of technical errors in his arrest."Drug Charges Dropped," Asiaweek, Hong Kong, June 29, 1998, p.1. In 1995, the case inspired The Simpsons episode "Bart vs. Australia", where Australia is to punish Bart via "booting" - a kick in the buttocks using a giant boot (later reduced to a shoe, instead). "Weird Al" Yankovic released a song based on the Fay case, called "Headline News" During an interview with CCTV in June 2004, Lee Kuan Yew said that Fay had also hit his father upon his return in the United States, which was suppressed by American media. In June 2010, Fay's case was recalled in international news, after another foreigner in Singapore, Swiss IT consultant Oliver Fricker, was sentenced to five months in jail and three strokes of the cane for vandalizing a train. See also *Amos Yee References Further reading *Latif, Asad (1994). The Flogging of Singapore: The Michael Fay Affair. Singapore: Times Books International. ISBN 981-204-530-9 *Baratham, Gopal (1994). The Caning of Michael Fay. Singapore: KRP Publication. ISBN 981-00-5747-4 *Reyes, Alejandro (May 25, 1994). Rough Justice: A Caning in Singapore Stirs Up a Fierce Debate About Crime And Punishment, Asiaweek, Hong Kong. *The Asiaweek Newsmap (April 27, 1994). Asiaweek. *Chew, Valerie (August 5, 2009). "Michael Fay", Singapore Infopedia. National Library Board. External links *The Singapore Government's response to the American Embassy's statement, April 1, 1994 Category:1975 births Category:Living people Category:20th-century American criminals Category:American expatriates in Singapore Category:Caning in Singapore Category:People from St. Louis Category:People with attention deficit hyperactivity disorder Category:Crime in Singapore Category:People from St. Louis, Missouri Category:Whipping